Family Dispute Resolution
Auslawyers can assist you if you are separating and you are seeking a Family Lawyer to represent you at a Family Dispute Resolution Conference. Alternatively, if you are simply seeking advice regarding your Family Law matter, we will provide you with plain English advice so that you fully understand what your obligations and options are in relation to your dispute.
Section 60I(1) of the Family Law Act 1975 states that all persons who have a dispute about a matter that may be dealt with by an order under Part VII (children’s order) must make a genuine effort to resolve that dispute by family dispute resolution before an order is applied for. There are, however, exceptions to this.
For example, if the applicant is applying for the order with the consent of all parties or in response to application filed by another party to the proceedings for a parenting order.
Other exceptions to include if the court is satisfied that there are reasonable grounds to believe that:
- There has been abuse of the child by one of the parties to the proceedings; or
- There would be a risk of abuse of the child if there were to be a delay in applying for the order; or
- There has been family violence by one of the parties to the proceedings; or
- There is a risk of family violence by one of the parties to the proceedings.
Other exceptions include:
If all the following conditions are satisfied:
- The application is made in relation to a particular issue;
- A parenting order has been made in relation to that issue within the period of 12 months before the application is made;
- The application is made in relation to a contravention of the order by a person;
- The court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or
- The application is made in circumstances of urgency.
- One or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason); or
- Other circumstances specified in the regulations are satisfied.